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RICKARD v. FUNDENBERGER

No. 48,199

1 Kan. App. 2d 222 (1977)

563 P.2d 1069

AUBREY RICKARD, Appellee, v. LLOYD FUNDENBERGER, Appellant.

Court of Appeals of Kansas.

Opinion filed April 22, 1977.

Attorney(s) appearing for the Case

Christopher A. Randall, Raymond L. Dahlberg and Steven J. Muth, of Turner and Hensley, Chartered, of Great Bend, for the appellant.

Richard Ankerholz, of Lyons, for the appellee.

Before HARMAN, C.J., ABBOTT and PARKS, JJ.

ABBOTT, J.:

This is an action to enjoin the construction of an accessory building in a zoned residential area of Lyons, Kansas. A building permit was granted to Fundenberger by the city of Lyons allowing construction of a building having dimensions of 40 feet by 58 feet. The north half of the building was to be 21 feet high from the ground to the peak of the roof, and the south half was to be 17 feet high. A neighbor, Aubrey Rickard, appealed to the Board of Zoning...

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